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Codes 1907, § 6643. k Nebraska, Comp. Stats. Ann. 1909, 8 6801; Ann. Stats. 1909 (Cobbey), § 1230. Nevada, Comp. Laws Ann. 1900 (Cutting), § 3207. m North Dakota, Rev. Codes 905, $ 6930. n Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 4425; Comp. Laws 1909 (Snyder), 5756. • Oregon, Ann. Codes and Stats. 1902 (Bel. & Cot.), § 420. P South Dakota, Rev. Codes 1903, C. C. P. $ 197. q Texas, Civ. Stats. 1897 (Sayles), Art. 2989. r Utah, Comp. Laws 1907, § 3058. s Washington, Code 1910 (Rem. & Bal.), § 719. t Wisconsin, Stats. 1898 (San. & Ber. Ann.), 88 2774, 2775. u Wyoming, Rev. Stats. 1899, $ 4039.

a Alaska, C. C. P. $ 386. When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the conimission or continuance of which during the litigation would produce injury to the plaintiff; or when it appears by affidavit that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights concerning the subject of the action, and tending to render the judgment ineffectual; or when it appears by affidavit that the defendant threatens or is about to remove or dispose of his property, or any part thereof, with intent to delay or defraud his creditors, an injunction may be allowed to restrain such act, removal, or disposition.

b Arizona, 1 2742. Judges of the district courts may, either in term time or vacation, grant writs of injunction, returnable to said courts, in the following cases:

1. Where it shall appear that the party applying for such writ is entitled to the relief demanded, and such relief or any part thereof requires the restraint of some act prejudicial to the applicant.

2. Where, pending litigation, it shall be made to appear that a party is doing some act respecting the subject of litigation, or threatens, or is about to do some act, or is procuring or suffering the same to be done in violation of the rights of the applicant, which act would tend to render the judgment ineffectual.

3. In all other cases where the applicant for such writ may show himself entitled thereto under the principles of equity. c Arkansas, $ 3965.

Where it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance

of some act which could produce great or irreparable injury to the plaintiff, or where, during the litigation, it appears that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act, in violation of the plaintiff's rights, respecting the subject of the action and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. It may also be granted in any case where it is specially authorized by statute.

d Colorado, C. C. P. $ 159. An injunc. tion may be granted in the following cases:

First-When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or some part thereof, consists in restraining the commission or continuance of the act complained of, during the pendency of the litigation, or for a limited period, or perpetually.

Second-When it shall appear by the complaint or affidavit that the commission or continuance of some act would produce great or irreparable injury during the litigation.

Third-When it shall appear at any time in any character of an action during the litigation, by affidavit or otherwise, that the defendant is doing, or threatens, or is about to do, some act, or is procuring, or suffering to be done, some act in violation of the plaintiff's rights respecting the subject-matter of the action, and tending to render the judgment ineffectual, and in such other cases as courts of equity have heretofore granted relief by injunction, or which may be specifically provided for in this act; provided, that no writ of injunction shall issue to restrain the passage of penal ordinances or the enforcement thereof.

e Idaho, $ 4288. An injunction may be granted in the following cases:

!. When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually;

2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, great or irreparable injury to the plaintiff;

3. When it appears during the litigation that the defendant is doing; or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual;

4. When it appears, by affidavit, that the defendant during the pendency of the action threatens, or is about to remove, or to dispose of his property with intent to defraud the plaintiff, an injunction order may be granted to restrain the removal or disposition;

5. An injunction may also be granted on the motion of the defendant upon filing a cross-complaint, praying for affirmative relief upon any of the grounds mentioned above in this section, subject to the same rules and provisions provided for the issuance of injunctions on behalf of the plaintiff;

6. The district courts or any judge thereof sitting in chambers, in addition to the powers already possessed, shall have the power to issue writs of injunction for affirmative relief having the force and effect of a writ of restitution, restoring any person or persons to the possession of any real property from the actual possession of which he or they may be ousted by force, or violence, or fraud, or stealth, or any combination thereof, or from which he or they are kept out of possession by threats whenever such possession was taken from him or them by entry of the adverse party on Sunday or' a legal holiday, or in the night-time, or while the party in possession

temporarily absent therefrom. The granting of such writ shall extend only to the right of possession under the facts of the case, in respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions the same as though no such

writ had issued; provided, that no such writ shall issue except upon notice in writing to the adverse party of at least five days of the time and place of making application therefor.

i lowa, $ 4354. An injunction may be obtained as an independent remedy in an action by equitable proceedings, in all cases where such relief would have been granted in equity previous to the adoption of the code; and in all cases of breach of contract or other injury. where the party injured is entitled to maintain and has brought an action by ordinary proceedings, he may, in the same cause, pray and have a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the commission of any breach of contract or injury of like kind arising out of the same contract or relating to the same property or right, and he may also, in the same action, include a claim for damages or other redress.

& Kansas, $ 5133. When it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce injury to the plaintiff; or when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. And when during the pendency of an action it shall appear by affidavit that the defendant threatens or is about to remove or dispose of his property with intent to defraud his creditors, or to render the judgment ineffectual, & temporary injunction may be granted to restrain such removal or disposition. It may also be granted in any case where it is specially authorized by statute. (Re-enacted, Mch. 12, 1909, Laws 1909, p. 329, C. C. P. $ 250.)

h Minnesota, $ 4259. When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief consists wholly or partly in restraining the commission or continuance of some act which, if permitted during the litigation, would work injury to the

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plaintiff, or when during the litigation it appears that the defendant is about to do, or is doing, or threatening, procuring, or suffering to be done, some act in violation of plaintiff's rights respecting the subject of the action, and tending to make the judgment ineifectual,

a temporary injunction may be granted to restrain such act. And where, during the pendency of an action, it appears by affidavit that the defendant threatens or is about to remove or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.

i Missouri, $ 3630. When it shall appear by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or tinuance of some act of the defendant, the commission or continuance of which, during the litigation, would produce injury to the plaintiff, or when, during the litigation, it shall appear that tlie defendant is doing, or threatens, or is about to do some act in relation to the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

i Montana, $ 6643, substantially same as Idaho g 4288, down to include first 4 subs., except in sub. 2, after "produce" in fourth line omit "waste;" and omit subs. 5 and 6 of Idaho statute.

k Nebraska, $ 6801, substantially same as Kansas $5133, except near the end of the first clause after "produce" insert "great or irreparable" before “injury." Also omit entirely the second sentence of the Kansas statute.

I Nevada, $ 3207, substantially same as Idaho $ 4288, to include the first 3 subs., except omit "waste" after "produce" near end of sub. 2, and omit entirelv subs. 4, 5 and 6 of the Idaho statute.

m North Dakota, $ 6930, substantially same as Kansas $ 5133, except in the next to the last sentence, after "creditors" omit the clause "or to render the judgment ineffectual”; also omit entirely the last sentence of the Kansas statute.

o Oklahoma, $ 4425, same as Kansas $ 5133.

o Oregon, $ 420, same as Alaska C. C. P. $ 386.

p South Dakota, C. C. P. $ 197, same as North Dakota $ 6930. (Re-enacted Feb. 26, 1907, Sess. Laws 1907, pp. 165, 185.)

q Texas, Art. 2989. Judges of the district and county courts shall, either in term time or vacation, hear and determine all applications and may grant writs of injunctions returnable to said courts in the following cases:

(1) Where it shall appear that tho party applying for such writ is entitled to the relief demanded and such relief or any part thereof requires the restraint of some act prejudicial to the applicant.

(2) Where, pending litigation, it shall be made to appear that a party [is] doing some act respecting the subject of litigation, or threatens, or is about to do some act, or its [is] procuring or suffering the same to be done in violation of the rights of the applicant which act would tend to render judgment ineffectual.

(3) In all cases where the applicant for such writ may show himself entitled thereto under the principles of equity, and as provided by statutes in all other acts of this state providing for the granting of injunctions, or where cloud would be put on the title of real estate being sold under an execution against a person, partnership or corporation, having no interest in such real estate subject to the execution at the time of the sale, or irreparable injury to real estate or personal property is threatened, irrespective of any legal remedy at law.

Provided, that no district judge shall have the power to grant any writ of injunction returnable to any other court than his own, unless the application or petition therefor shall state that the resident judge, that is, the judge in whose district the suit is, or is to be brought, is absent from his district, or is sick and unable to hear or act upon the application, or is inaccessible, or unless such resident judge shall have refused to hear or act upon such application for the writ of injunction, or unless such judge is disqualified to hear or act upon the application; and the facts of, and relating to, such judge's absence, or sickness and inability, or disqualification, or inaccessibility, or refusal to act must be fully set out in the application for the writ, or in an affi

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davit accompanying said application; and in case of such absence, or sickness and inability or inaccessibility, or disqualification, of the resident judge, or in case of his refusal to hear, or act upon, such application, no district judge shall have the power to grant the writ when the application therefor shall have once been acted upon by a district judge of the state; provided, that when the judge applied to shall have refused to hear or act upon such application, he shall endorse thereon, or annex thereto, his refusal to hear or act upon such application, together with his reason therefor; provided, that nothing herein shall apply to the granting of writs of injunction by non-resident judges to stay execution or to restrain foreclosures, or to restrain sales under deeds of trust, or to restrain trespasses, or to restrain the removal of property, or to restrain acts injurious to, or impairing riparian or easement rights where proof is made to the satisfaction of such non-resident judge that it is impracticable for the applicant to reach the resident judge and procure his action in time to effectuate the purpose of the application.

A resident judge shall be deemed inaccessible, within the meaning of this act, when by the ordinary and available means and modes of travel and communication, he cannot be reached in sufficient time to effectuate the purpose of the writ of injunction sought.

Whenever an application or petition for the writ of injunction shall be made to a non-resident judge upon the ground that the resident judge is inaccessible as hereinbefore defined, the party making such application or his attorney, shall make and file with the application, as a part thereof or annexed thereto, an affidavit setting out fully the facts showing that the resident judge is inaccessible, and the efforts made by the applicant to reach and communicate with said resident judge, and the result of said efforts in that behalf, and unless it appears from said affidavit that the applicant has made a fair and reasonable effort to procure the action of the resident judge upon said application, [no] non-resident judge shall have the power to hear said application upon the ground of inaccessibility of the resident judge; and should any non-resi. dent judge hear said application upon said ground of inaccessibility of the

resident judge, and should grant the writ of injunction prayed for, said injunction so granted shall be dissolved upon its being shown that the petitioner has not first made a reasonable effort to procure a hearing upon said application before the resident judge. (Amended Apr. 22, 1909; General Laws 1909, p. 354.)

r Utah, $ 3058, substantially same Idaho $ 4288, down to include first 3 subs., except in sub. 2 omit “waste" after "produce" in fourth line; also omit subs. 4, 5 and 6 of Idaho statute and for sub. 4 insert the following:

4. An injunction may also be granted on the motion of the defendant, upon filing an answer praying for affirmative relief upon any of the grounds mentioned in this section, subject to the rules and provisions provided for the issuance of injunctions on behalf of the plaintiff.

s Washington, $ 719. When it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which during the litigation would produce great injury to the plaintiff; or when, during the litigation, it appears that the defendant is doing, or threatened [threatens), or is about to do, or is procuring, or is suffering some act to be done, in violation of the plaintifr's rights respecting the subject of the action, tending to render the judgment ineffectual; or where such relief, or any part thereof, consists in restraining proceedings upon any final order or judgment, an injunction may be granted to restrain such act or proceedings until the further order of the court, which may afterwards be dissolved or modified upon motion. And where it appears, in the complaint, at the commencement of the action, or during the pendency thereof, by affidavit, that the defendant threatens or is about to remove or dispose of his property with intent to defraud his creditors, a temporary injunction may be granted to restrain the removal or disposition of his property.

t1 Wisconsin, $ 2774, substantially same as North Dakota $ 6930.

t2 Wisconsin, $ 2775. A temporary inJunction may also be granted on the apo

plication of the defendant, when it shall appear that the plaintiff is doing, or threatens, or is about to do, or is procuring or suffering to be done some act in violation of the defendant's rights respecting the subject of the action and tending to his injury or to render ineffectual such judgment as may be rendered in his favor.

u Wyoming, $ 4039. When it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commis

sion or continuance of which, during the litigation would produce great or irreparable injury to the plaintiff, or when, during the litigation, it appears that the defendant is doing, or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary order may be granted restraining such act; and such order may also be granted in any case where it is specially authorized by statute.

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§ 425. COMPLAINTS (OR PETITIONS).
FORM No. 1009—For injunction against waste.

[Title of court and cause.]
The plaintiff complains of the defendant, and alleges :

1. That the plaintiff is the owner in fee-simple of the premises [describing them).

2. That the defendant is in possession of said premises, under a lease from the plaintiff, a copy of which is hereto annexed, and made part hereof.

3. That on the day of 19 and on divers other days between that time and the commencement of this suit, the defendant wrongfully cut down and carried away fruit trees, and tore down and destroyed a certain building constituting part of said realty), and otherwise suffered and committed great waste on the premises, in violation of the terms of said lease, and without the consent of the plaintiff.

4. That the defendant is about to and will, unless restrained by this court, commit further waste, in this [state what he threatens to do).

Wherefore, the plaintiff prays judgment: That the defendant be restrained by injunction from committing or permitting any further waste on the said premises, and that an account of the damage done may be taken and judgment therefor be awarded; and for such other relief as is equitable.

(Concluding part.]

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